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Attachment B YHI Passive Renewal

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Attachment B YHI Passive Renewal INDEPENDENT CONTRACTOR AGREEMENT For Passive Renewal Data Entry Services This Independent Contractor Agreement (“Agreement Terms and Conditions”) is entered into as of _________, 2014 (“Effective Date”) by _________________, a ______________ __________________ with a tax identification number of ______________ and a DUNS number of _______________(“Contractor") and the Idaho Health Insurance Exchange, an independent body corporate and politic established by Idaho Code § 41-6101 et seq doing business as Your Health Idaho ("YHI"). A. YHI was established to implement an Idaho health insurance exchange, and has provided a Request for Proposals dated September 29, 2014 for Passive Renewal Data Entry Services, which has been posted at the following website: http://www.yourhealthidaho.org/about-us/doing-business-with-your-health- idaho/procurement-policies-rfps-and-open-positions/ (the “RFP”). B. Contractor provides Passive Renewal Data Entry services, and submitted a proposal in response to the RFP (the “Proposal”). C. After a competitive process, and based on the Proposal and the representations made by Contractor therein, YHI selected the Proposal, and the parties desire to set forth in this Agreement the terms upon which they have agreed for Contractor to provide Passive Renewal Data Entry Services. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows: 1. Contract. The contract between the parties (this “Agreement”) consists of the provisions set forth in these Agreement Terms and Conditions, the Proposal and the RFP. In the event of any conflict (provided that the provisions of this Agreement will as much as practicable be interpreted not to be in conflict), the provisions of these Agreement Terms and Conditions control over any other conflicting provisions, and the provisions of the Proposal control over any conflicting provisions of the RFP. The purpose of this Agreement is the “Project.” Contractor represents and warrants that the information in the Proposal is on the Effective Date true, accurate and complete. 2. Engagement. a. Subject to the terms of this Agreement, YHI hereby engages Contractor to perform, and Contractor hereby agrees to perform, the services (collectively, “Services”) described in this Agreement. Services will be provided by Contractor according to the terms of this Agreement, including the scope, schedule, budget and other requirements set forth herein. Services will only be directly provided by the personnel listed in this Agreement, and by no other person or through any other entity, except as agreed in writing by YHI in advance, not to be unreasonably withheld (for clarity, indirect efforts supporting the individuals directly providing the Services are not subject to this requirement). YHI may require any Contractor personnel to immediately and permanently leave YHI’s premises. YHI also may require Contractor to promptly replace an individual performing Services under this Agreement if, in YHI's opinion, the person does not meet the qualifications for the task assigned, or for any other reason. b. During the Project initiation, Contractor and YHI will develop a mutually agreed upon work schedule consistent with the terms of this Agreement and the milestones and deadlines set forth herein, including the division of responsibility between YHI's staff and Contractor's staff (to the extent not set forth in this Agreement). The Project work schedule must be in place prior to any work being performed. Once the parties agree on the Project work schedule, which will identify specific time frames and deliverable target dates for this Project, the Project work schedule will become incorporated into and made part of this Agreement. The dates in the work schedule will define the agreed upon period of performance, subject to the terms of this Agreement. The work schedule may evolve and change from time to time with the written agreement of both parties, subject to YHI’s rights under Section 3. The Deliverables and schedule set forth in the latest version of the work schedule determined in accordance with this Section and Section 3 will take precedence over any prior plans. c. Except as expressly provided in this Agreement and as otherwise agreed by YHI, Contractor will provide all facilities, equipment and services it requires to perform Services and comply with this Agreement, such as office space, computers, software, telephones, internet access and any other items or information of any nature, and Contractor will have all rights to software and other items used by Contractor necessary to lawfully use the same YHI PASSIVE RENEWAL DATA ENTRY ICA Page 1 under this Agreement. YHI agrees that it will provide limited office space as available, and will provide wireless internet connectivity for Contractor personnel. d. All Deliverables are subject to acceptance by YHI and any acceptance criteria established by the parties in or under this Agreement. e. The Executive Director of YHI may, by written order to the Contractor at any time, and without notice to any surety, require the Contractor to stop all or any part of the Services. This stop order will be for a specified period not exceeding ninety (90) days after the stop order is delivered to the Contractor, unless the parties agree to any further period. Any such stop order will be identified specifically as a stop work order issued pursuant to this Section. Upon receipt of such an order, the Contractor will forthwith comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties will have agreed, the Executive Director will either: cancel the stop work order; or terminate the Services in whole or part as permitted herein. If the stop work order is cancelled, an appropriate adjustment will be made in the delivery schedule or Contractor price, or both, and this Agreement will be modified in writing accordingly, if (a) the stop work order results in an increase in the time required for the performance of any part of this Agreement, and (b) the Contractor asserts a claim for such an adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Executive Director of YHI decides that the facts justify such action, any such claim asserted may be received and acted upon at any time prior to final payment under this Agreement. If a stop work order is not cancelled and the work covered by such order is terminated for default or convenience, the reasonable costs resulting from the stop work order will be allowed by adjustment or otherwise. 3. Changes. YHI may request in writing any change in Services. Within five (5) days of each such request, Contractor will provide in writing a description of the feasibility of the change and the necessary effect of such change on the Services, Deliverables, schedule and Contractor Fees, and a reasonable explanation for such changes such as the additional time, or reduction in time, to be required by such change. The change will be made by Contractor to the extent agreed by YHI in writing after receiving Contractor’s written description, and this Agreement will be modified accordingly; provided that if the parties do not agree otherwise, the actual hours directly added or subtracted as a result of the change will be valued at the rates set forth in the Proposal. The parties may agree on additional Services outside the scope of this Agreement through one or more Statements of Work executed by the parties, the terms of which are incorporated into and made a part of this Agreement upon such execution, and if the parties do not agree otherwise, such additional Services will be provided at the rates set forth in the Proposal to the extent such rates cover such additional Services, and if not, then rates that are proportional to the rates set forth in the Proposal. 4. YHI. YHI will provide direction and requirements to Contractor, and as reasonably requested, information, documents, approvals, acceptance and other decision making relating to the provision of Services by Contractor hereunder 5. License. Contractor may be provided by or on behalf of YHI with access to, or possession of, software and related documentation, data, and other materials under this Agreement (“Licensed Materials”). Contractor is hereby granted the limited right during the Term to have its employees and permitted subcontractors use Licensed Materials solely to perform its obligations under this Agreement and not for any other purpose. Contractor will not make any copies of Licensed Materials without the consent of YHI, will comply with all terms and conditions governing use of Licensed Materials the relevant terms of which YHI has communicated to Contractor, whether imposed by YHI, the licensor or any third party, and will return Licensed Materials on request from YHI or upon completion of the Services for which such Licensed Materials were provided to Contractor. 6. Contractor Compensation and Expenses. a. Compensation. Subject to compliance with this Agreement, Contractor will receive the fees (“Contractor Fees”) set forth in the Proposal according to the payment schedule set forth in the Proposal as full compensation for the Services, and Contractor will not be due any other payments under this Agreement or otherwise relating to the Services or the Project, except as changed in accordance with Section 3. Additional Services agreed to by the parties on a time and materials basis will be provided at the rates set forth in the Proposal. The Contractor certifies and represents that the prices submitted in response to the RFP have been arrived at independently and without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or YHI PASSIVE RENEWAL DATA ENTRY ICA Page 2 competitor relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices bid.
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